It has been established on a separate thread that most applicants (with a few exceptions) under the Irish born child scheme,including asylum seekers, were illegal immigrants seeking leave to remain in Ireland.
The definition of ‘Illegal Immigrant ‘ is contained in the ILLEGAL IMMIGRANTS (TRAFFICKING) ACT, 2000 as follows.
“illegal immigrant” means a non-national who enters or seeks to enter or has entered the State unlawfully;’’
Any non-Irish national who was the parent of an Irish child born before the 1st January 2005 may apply for residency. This includes, for example, persons:
Who have applied for asylum
Who have applied for humanitarian permission to remain in Ireland
Who have been issued with Deportation Orders but are still in Ireland
Who withdrew asylum applications and applied for residency under the old administrative arrangements
Who came to Ireland on work permits / working visas
Who came to Ireland as students
Who have been living in Ireland illegally and have never applied for any immigration status before.'
The Minister for justice stated the IBC scheme was not an amnesty but a discretionary scheme where conditional residency (subject to conditions) was granted to approximately 18,000 applicants.
Given there has been no formal debate in the Dail and vote to grant amnesty has the Minister overstepped his power by granting this residency to appease the lobbying power of powerful socioethnic lobby groups at the expense of the Irish people.?
Can the Minister deport these people now if they are not self supporting as this would appear to conflict directly with Article 22 of the Constitution.?



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